The Study On The Civil Liabilities Of Work-Related Injury Accidents

It has been a social issue that staffs suffer accidental injuries and occupational diseases when performing their duties since the industrial revolution. In modern society, industrial injuries may raise a variety of civil liabilities. The departments concerned both in theory and practice have always endeavored to study the contents of different civil liabilities and try to dispose the relationships among them. This essay consists of three parts and makes a brief analysis on this question.The part one firstly makes clear the definition of staff from theoretical and legislative view. Secondly, this part pinpoints the connotation and denotation of industrial injury through the explicitness of the component and legal scope of that. Then it explains the meaning of civil liability. At last, this part defines the civil liability of work-related injury accidents.The second part describes the four civil liabilities of industrial injury respectively. The first one is contractual obligation. It is the employers'obligation to guarantee the security of their employees'. If industrial accident happens, the employers must have not fulfilled this obligation. Thus they have to take on the liability for breach of contract. The second one is tort liability. The principle of liability applied to tort liability which caused by industrial accident has changed from fault principle to no-fault principle. According to the sources of violation, industrial accident can be divided into the tort of employer, the tort of colleague and the tort of the third party. The compensation of industrial accident has a broader range, which includes material damage and mental damage. The third one is the liabilities of commercial insurances. Two main commercial insurance concerned with industrial accident injury are liability insurance of employer and the insurance of personally accidental injury. Victims who suffer industrial accident are able to claim compensation on the basis of insurance policy. The last one is social insurance liability. Modern countries have commonly established the industrial accident insurance system in the hope to compensate the victims'lose timely and effectively. In our country, the industrial accident insurance system has just been set up. Therefore the right and interest of the worker could not be fully guaranteed. In this case, it is essential and required to build up the concept of prevention first and improve the design of system constantly.The third section analyzes the relationship between various civil liabilities. Regarding to the overlap of contract liability and tort liability, the common saying is that victims are entitled to choose one right to claim. When it comes to the relationship between tort liability and commercial insurance, this essay mainly analyzes the positive influence and negative influence the later exacting on the former. What's more, insurance system dose not completely substitutes the tort system. Concerning the relationship between tort liability and industrial accident insurance liability, there's no unified conclusion so far. The writer considers that mixed mode should be adopted at present. Namely the alternative mode is generally applicable and the supplementary mode is adoptable if the industrial accident is aroused by the third party. As to the relationship between commercial insurance and social insurance, the writer holds that the former is the basic one and the later is subordinate. Thus, it is the commercial insurance that should take on the final obligation of payments.